Northwestern Iron Co. v. Industrial Commission
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Ray SteveNs, Circuit Iudge. Action under sec. 2394 — 19, Stats., to set aside an award of tbe Industrial Commission in favor of tbe defendant Kret-Icovich for personal injuries suffered by bim February 15, 1914, while in tbe employ of tbe plaintiff.
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Appeal from a judgment of tbe circuit court for Dane county: E. Ray SteveNs, Circuit Iudge. Action under sec. 2394 — 19, Stats., to set aside an award of tbe Industrial Commission in favor of tbe defendant Kret-Icovich for personal injuries suffered by bim February 15, 1914, while in tbe employ of tbe plaintiff. Tbe plaintiff claims tbat tbe Commission acted in excess of its powers because tbe evidence showed tbat at the time tbe accident occurred the claimant was not performing services growing out of and incidental to bis employment. Tbe order of tbe Commission was affirmed by tbe circuit…
1Opinion of the Court
WiNsnow, O. J.
The claimant’s duties were to dump the tram car when it- came out, pick up the fallen briquettes, transfer the car to the return track, and wait for another car. Apparently he had intervals of rest when he was expected to pass the time as best he could, although exposed to the weather on a cold night. If we credit the claimant’s own story, there is no question about his right to compensation, because he was picking up briquettes at the time the second car came from the kiln and struck him.
The Commission, however, did not decide whether the claimant or Vignovich told the truth,…
2Cited by38 opinions
- Phil Hollenbach Co. v. HollenbachCourt of Appeals of Kentucky · 1918
- Whiting-Mead Commercial Co. v. Indus. Accident Comm'nCalifornia Supreme Court · 1918
- Employers' Liability Assurance Corp. v. Industrial Accident CommissionCalifornia Court of Appeal · 1940
- Mann v. Glastonbury Knitting Co.Supreme Court of Connecticut · 1916
- Holland-St. Louis Sugar Co. v. ShralukaIndiana Court of Appeals · 1917
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